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this morning, larry sabato is the director of the center for politics at the university of virginia and we know that you don't go with your feelings, you've been doing a lot of home work on all of this, larry, and we're glad to have you with us this morning, welcome. >> thank you martha. i also can't sing, so that's another reason. martha: we're told to rely on the numbers, right? i hear you there. i hear you there. all right, let's talk about this. we've seen a change, an uptick in the numbers of republican seats that you see getting picked up here, house, senate, and also, on the governor level. what do you think has changed since that election? >> fundamentally it's the economy but a lot of other things. obviously it happened over the summer. this summer has been a disaster for democrats, almost everything has gone wrong for them, the bottom has fallen out, you stressed senate and house. i think the most significant returns are actually at the gubernatorial level, the state legislative level. i hope people will go, by the way, to center for politics.org and click on the crystal ball and read
't want to purchase. when the same lawsuit was filed in virginia, by the attorney general of virginia, ken keusch cuccinelli, that's been on your show, a federal judge in virginia appointed by a democratic president said when the government tried to dismiss the case, you know what, the attorney general of virginia is right, congress has never done this before, she have a -- they have a very strong argument to say it doesn't have this power, i'm not going to dismiss the indicate -- the case. so the passer in florida, a lawsuit, joined by 19 other states, the federal government doesn't reply with an answer, it replies with an appeal to dismiss the lawsuit so, the judge will only dismiss the lawsuit if there's no legal basis for it whatsoever. there is. martha: will it be let's move on to the next step? >> correct. the next step will then be a legal analysis of the history of the commerce clause and whether the constitution was written to give congress this kind of power. for example, suppose the congress declares that the sun causes skin cancer. that would be a reasonable statement to make.
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